Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-01-14
APPLICATION ron PATENT.

APPLICATION FOR PATENT.
Where papers have once been filed with the
Register and Receiver they become o part Of
the record, and can neither be Withdrawn nor
returned, but must be transmitted to the Gen
eral Land Once.
An application will be rejected when the
scrtption OF the premises 10 erroneous or
sufficient.
Application for patent will be rejected be-
cause:
First The notice was published without the
knowledge Of the Register.
Second-The notice was not published in Q
newspaper designated as published nearest the
claim.
Third-Record title was found defective,
and
Fourth--A previous application had been
made for the same premises. which was with
drawn pending o suit In Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define the
boundaries OF the claim.
Where the claim was not located In accord
ance with law.
Where several parties W separate and dis
tinct portions Of . claim, application for
patent may be made by either for that portion
Of the claim owned by him: but where several
parties own undivided interests in o mining
claim all should Join in an application for .
patent.
A person or association may purchase 40
many placer locations 80 the local law admits,
and embrace them sll in one application for .
patent.
Two or more lodes cannot be embraced in
one application for q patent except for placer
claims embracing two or more lodes within
their boundaries
Papers sworn 10 before any person purport-
Ing to act as 9 deputy for the Register and Re-
ceiver cannot be recorded as evidences.
In all patents for mining claims situated
within the interior boundaries of q town site
o clause is inserted excepting and excluding
all town property, rights upon the surface,
and all houses. buildings. structures, lots,
blocks. streets, alleys or other municipal .m
provements not belonging to the grantee here
in, and all rights necessary or proper to the
occupation, possession and enjoyment Of the
same"
Publication Of notice must be made q only
one newspaper for the period Of 60 days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and In daily
newspapers so days must elspse between the
first and last insertions.
Where the Register designAtes the daily Issue
of Q newspaper for publication Of notices of o
mining application for patent 1t 10 not . com-
ton Of the same paper without authority Of
the Register.
The existence OF o salt spring on tract of
land withdrsws 1t from the operation Of the
homestead and presumption laws. A hearing
for the purpose Of proving the agricultural
character Of Euch land 10 not allowed. Land
containing valuable deposits OF slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file O separate and
distinct claim against each application which
1t 10 alleged conflicts with The premises owned
by such adverse Claimant.
The papers In an adverse claim, once fled,
cannot be withdrawn, but become % q part Of the
record.
When an adverse claim has been fled I. can.
not be amended so as TO embrace a larger per.
ton of the premises than that described In the
original adverse claim.
An adverse claim must be made out In
proper form and filed In the proper local ofi CO
during the period of publication Of the appli-
cation for the patent to be effective.
1t ts the duty of the adverse claimant o
commence suit in proper form within the re.
quired time, and IL he trusts the Uncertain
medium Of the United States mail he must
abide the consequences. should the delay
ensue, through misfortune or accident. Should
the failure to commence suit be the result Of
the cor fupto or dishonest action of his attorney.
tae Interior Department cannot redress the
wrong.
tail the facts upon which he bases hts adverse
claim. A statement In general terms, embody.
ing conclusions Of law. without stating the
facts specially, will not be considered Ia evi.
dence.
An adverse claimant shout show Q compli.
ance with the local laws In recording hts claim
and in regard to expenditures. and shall nile a
copy of the original notice of his location, and
show the nature or extent Of the conflict
alleged.
An allegation of parties to q suit that they
compose the company 10 sufficient, and they
are not required to prove that they are the
original ~locstors or the identical parties who
present the adverse claim.
AGRICULTURAL Oh MINERAL LAsDs.
Where land Is Of little, II any value, for sRri-
cultural purposes, but is essential to the
proper development Of mining claims, Il
should be disposed Of under the Mining Act.
Where lands containing valuable mineral
deposits have been Included in an agricultural
entry, said entry will be cancelled at suy time
prior to issuance Of patent, upon satisfactory
evidence Of the existence Of such valuable de-
| posts.
Where valuable deposits of mineral are dis.
covered upon . tract after the same aas been
entered as agricultural, but before I stent has
been issued, the parties claiming the mine
may make application for patent for same.
and the agricultural entry will be cancelled 10
that portion of the land embraced by said
mining claim.
Whore mineral deposits are discovered on
Agricultural lands after the patent has been
with the patent.
Agricultural College scrip cannot be
ceiyed In payment for claims.
ALIENS.
A foreigner may make q mining location
dispose OF II. provided he becomes Q citizen
before disposing OF the mine. Proof that tbe
party was not q citizen before disposlng Of his
claim must be af1rmAtively shown.
Locators and intermediate owners, other
tnsn applicants, will not be presumed aliens.
In the absence Of allegation or obiection prior
to issuance Of patent.
the portion Of q mining claim sold to an
alien cannot be patented while such owner is
sn alien; but on his declArstioni o become .
aud he may thereupon secure United states
patent for his claim.
CROSS LRDoKs.
Revised Statutes. Section 2.3se:
Mhere Two or more lodges cross or intersect
each other, priority Of title shall govern. ana
sucn prior location shall be entitled TO eli ore
ol Minefal eontsined within the space Of inter.
secuon. put the subsequent location shall have
the right Of way thrnnah fha ansca al inta-.